Essay On Independency

Independency is an important concern however, checks and balance is a concern inextricably linked to separation of power. This is done to ensure the balance of power between three wings of the State. Therefore though a certain level of autonomy must be given to ensure independency, some sort of checks and balances must be put to safeguard the same autonomy. Without an effective check on autonomy the power would tilt in favour of independency thus leaving scope for its misuse. This means that all three wings of the State should be independent to an extent where they are able to perform their function adequately and without under the influence of any wing. If any one of them is independent in a way which results in concentration of power then this would be undemocratic.

The issue which is claimed to be at stake i.e. Judicial Independency is itself a disputed one. It often differs from country to country like in United States the independency is understood to begin after the appointment of the Judges to the court. One thing that is beyond dispute is that the Independence cannot be extended to an extent where it results in absolute independence i.e., detachment between the three wings of the government as this will certainly lead to corruption. Therefore a reasonable way to maintain independency is to strike a balance between independency and to ensure that the purpose of the independency is not used in a manner so as to downplay the possible presence

This amendment proposes a new amendment Article 124A in the constitution that creates and states the composition and functioning of the judicial appointment commission. But an undeniable fact remains that there are few very serious flaws in the bill which cannot and should not be